Workers’ Comp Case Closed but Still in Pain? Here’s What to Do
Understanding Your Options and Compensation for Pain and Suffering
Finishing a workers’ comp case can bring relief, but what if workers’ comp case closed but still in pain? Many injured workers face this situation. Understanding your options and whether workers’ comp will pay for pain and suffering is crucial.
Read on to learn more about Workers’ Comp Case Closed but Still in Pain. If you’ve been injured on the job in Southern California and are having difficulty obtaining the benefits to which you are entitled, contact Ochoa & Calderón for help from a team of experienced and successful Riverside workers’ comp attorneys.
Why You Might Still Experience Pain
Even after closing a workers’ comp case, lingering pain can occur. Your condition may have worsened or new symptoms emerged. Sometimes, initial treatments fail to address all aspects of your injury. If you find yourself still suffering, you need to know the steps to take.
Follow Up with Your Doctor
Contact your treating physician if you continue to experience pain. Your doctor can reassess your condition and recommend additional treatments or therapies. Accurate medical records will help support your case if you need to reopen your workers’ comp claim.
Reopen Your Workers’ Comp Claim
In California, you can reopen a workers’ comp case if your condition worsens within five years of your injury. To do this, file a petition with the Workers’ Compensation Appeals Board (WCAB). Your attorney can guide you through this process and help gather necessary medical evidence.
Will Workers’ Comp Pay for Pain and Suffering?
Workers’ comp generally does not cover pain and suffering. The system focuses on medical expenses, lost wages, and disability benefits. However, understanding the limitations of workers’ comp can help you explore other options for compensation.
Third-Party Claims
If a third party’s negligence caused your injury, you might file a personal injury lawsuit. Unlike workers’ comp, personal injury claims can include compensation for pain and suffering. Consult your attorney to determine if a third party bears responsibility for your injury.
Permanent Disability Benefits
If your injury leads to permanent disability, you might qualify for permanent disability benefits. These benefits compensate for reduced earning capacity and ongoing medical needs. While they don’t specifically cover pain and suffering, they provide financial support for long-term impacts.
Vocational Rehabilitation
When your injury prevents you from returning to your previous job, vocational rehabilitation can help. This program offers training and education to help you find new employment. Although it doesn’t address pain and suffering, it provides a path to regain financial stability.
Steps to Take if You Are Still in Pain
- Consult Your Doctor: Schedule an appointment to discuss ongoing pain and obtain updated medical records.
- Contact an Attorney: Reach out to a workers’ comp attorney to explore your options and the possibility of reopening your claim.
- Gather Evidence: Collect medical records, treatment plans, and any new diagnoses to support your case.
- File a Petition: Work with your attorney to file a petition with the WCAB to reopen your workers’ comp claim.
- Explore Other Compensation: Consider third-party claims or other benefits that might provide additional compensation.
Can You Reopen a Closed Workers’ Comp Case?
Yes, you can reopen a closed workers’ comp case if your condition worsens or new symptoms develop. California law allows reopening within five years of the injury date. Your attorney will help you navigate the process and ensure you meet all requirements.
How an Attorney Can Help
An experienced workers’ comp attorney can provide valuable assistance if you still experience pain after your case closes. They will review your medical records, advise on reopening your claim, and explore other compensation options. Having an advocate on your side ensures you receive the support and benefits you deserve.
Frequently Asked Questions
What should I do if I still experience pain after my workers’ comp case closes?
Consult your doctor to reassess your condition and update your medical records. Contact an experienced workers’ comp attorney to explore reopening your claim and other compensation options.
Can I receive compensation for pain and suffering through workers’ comp?
No, workers’ comp generally does not cover pain and suffering. However, you might pursue a third-party personal injury claim that includes compensation for pain and suffering.
What is the process for reopening a closed workers’ comp case?
To reopen a closed workers’ comp case, file a petition with the WCAB. Your attorney can guide you through this process and help gather the necessary medical evidence to support your claim.
How long do I have to reopen my workers’ comp case?
In California, you can reopen a workers’ comp case within five years of the injury date. Consult your attorney to ensure you meet all deadlines and requirements.
What other benefits might I receive if I cannot reopen my workers’ comp case?
If you cannot reopen your workers’ comp case, consider exploring third-party claims, permanent disability benefits, and vocational rehabilitation to receive additional support and compensation.
Conclusion
Dealing with ongoing pain after your workers’ comp case closes can be challenging. Understanding your options and taking the necessary steps to seek additional compensation is crucial. Consulting an experienced workers’ comp attorney ensures you receive the support and benefits you deserve. If you have questions or need assistance, contact Ochoa & Calderon for expert advice and support.
Riverside Workers’ Compensation Attorneys Ready to Fight for You
If you were injured in California, you don’t have to face this difficult situation alone. Ochoa & Calderon is here to help you navigate the complex legal landscape of workers’ compensation. For personalized advice and assistance, don’t hesitate to contact our Riverside Workers’ Comp attorneys in Ochoa & Calderon for a free consultation and advice on how to proceed. Send us a message or Call 951-901-4444 for help in Riverside or 844-401-0750 toll-free throughout Southern California.
